Refiling of K1 in Morocco

[DonnaMarie 0]

I was wondering if anybody refiled a K1 in Morocco a second time and how long it took from filing to the interview? Will the timeframe be shorter since they already have the original information and do you include all of the information from the first K1 filing or all new paperwork?

[Love Eth 14]

I was wondering if anybody refiled a K1 in Morocco a second time and how long it took from filing to the interview? Will the timeframe be shorter since they already have the original information and do you include all of the information from the first K1 filing or all new paperwork?

If you have to start all the way from the beginning (sending I-129f to USCIS), it could take a little more than everybody else because there will be more things the USCIS to do on the second petition. They will be checking on the previous approved petition and you have to include the waiver letter too. Since you are also filling at Morocco, it is better to do a Front load petition. My second petition was approved in 80 days from USCIS. And the interview was done in 150 days from the day of the initial filing. But it is under Administrative review and the Embassy that my fiancée interviewed is different from the pervious one, they want to know why the earlier embassy denied my fiancée's visa.

Good Luck with your second petition.

Edited September 3, 2011 by Love Eth

[Gary and Alla 3,694]

I was wondering if anybody refiled a K1 in Morocco a second time and how long it took from filing to the interview? Will the timeframe be shorter since they already have the original information and do you include all of the information from the first K1 filing or all new paperwork?

You cannot file a new petition unless the old one is cancelled and/or withdrawn, which means it is gone, dead, vanished. Filing a new one will take just as long as the old one.

IF your visa was denied, do not file for a new one until you know WHY it was denied and you have addressed that and corrected that problem(s). Otherwise you are watching the same movie and expecting a different ending.

FYI, getting married is NEVER a solution for the reason a fiance(e) visa would be rejected.

[Tahlisha 28]

Many of dealing with the Moroccan Consulate never received a reason for denial or even were told were were denied. 3 days after my husbands interview he was asked to come back and then was give a refusal letter with other checked as the reason. I was there in Morocco at the time of his interview and when I contacted the consulate I was told our petition had not be denied but sent back for further review but upon arriving back to the states our case had been closed due to the dates expiring. I did everything I could contacted mt Senator and all that but ended up nowhere :0( I went back the following year which was this year and we married there. Now we are going through the CR-1 process.... I don't know if it will be any better or faster but because we are muslim it is important to us that we be married.... I wish you the best of luck :0)

[NigeriaorBust 4,087]

You cannot file a new petition unless the old one is cancelled and/or withdrawn, which means it is gone, dead, vanished. Filing a new one will take just as long as the old one.

IF your visa was denied, do not file for a new one until you know WHY it was denied and you have addressed that and corrected that problem(s). Otherwise you are watching the same movie and expecting a different ending.

FYI, getting married is NEVER a solution for the reason a fiance(e) visa would be rejected.

You are free to assume the k1 has expired because it has been more than 4 months. There is no need to wait for USCIS to tell you that ( which is highly likely their response expecially CSC) You should not advise the OP to waste months of their lives when they don't need to. Yes they need to address the reason for denial but they can refile today if they wish ( and have seen each other in the last 2 years )

[Love Eth 14]

You are free to assume the k1 has expired because it has been more than 4 months. There is no need to wait for USCIS to tell you that ( which is highly likely their response expecially CSC) You should not advise the OP to waste months of their lives when they don't need to. Yes they need to address the reason for denial but they can refile today if they wish ( and have seen each other in the last 2 years )

I agree with this info.

USCIS will let know the OP that the petition is expired and will be able to file another one. It is advisable to know the reason of the denial of the first one. However, there is no reason to wait to for the USCIS. The cover page should have to be very explanatory about the previous one. And don’t forget the waiver letter too.

Good Luck

[Miss smarty pants 84]

My K1 was refused in Casablanca last January 2010. I was advised that I should wait for my petition to arrive back at USCIS and file a freedom of information act request to know the reason. I wasted months on this. And when I finally received the Consular noted pages from my returned K1, they were mostly blank and provided no real useful information as to the reason. Consulates are not required to give a reason for returning a K1.

So.......based on my own experience and having read here of the dozens of returned petition stories of other people over the last couple of years.....my thoughts to you are this:

1) Go over the interview questions very well from your fiancee. Try to determine from that where things went wrong. Come here and post the Q&As if you need some outside insight.

2) Then either go to Casa and get married or refile your K1. No reason to waste more months of your life following a dead expiring petition.

3) Be sure to address any possible issues up front in your next petition. Frontloading will be of great benefit for that Consulate in your situation.

4) Be prepared for a long road ahead. You may encounter further scrutiny in your next petition.

Best wishes to you in your decision. I know how hard this can be.

Edited September 4, 2011 by Moroccan-Wife

[Miss smarty pants 84]

I agree with this info.

USCIS will let know the OP that the petition is expired and will be able to file another one. It is advisable to know the reason of the denial of the first one. However, there is no reason to wait to for the USCIS. The cover page should have to be very explanatory about the previous one. And don’t forget the waiver letter too.

Good Luck

There should be no need for a waiver letter. Her petition is most likely going to be expired. This is not the same as an outright denial. A Consulate can return the petition for further review but only USCIS can issue a final denial. And in most cases, USCIS simply allows the petitions to expire rather than review them. This is, of course, not always the case. But it is how it seems to normally be done lately. If it were to get back and they at USCIS did intend to issue a denial, she would be given a chance to rebut that first. In either case, at this point, she simply has a consular refusal to issue the visa based quite likely on whatever may have gone wrong at the interview. A waiver is not required at this point for refiling.

[Love Eth 14]

There should be no need for a waiver letter. Her petition is most likely going to be expired. This is not the same as an outright denial. A Consulate can return the petition for further review but only USCIS can issue a final denial. And in most cases, USCIS simply allows the petitions to expire rather than review them. This is, of course, not always the case. But it is how it seems to normally be done lately. If it were to get back and they at USCIS did intend to issue a denial, she would be given a chance to rebut that first. In either case, at this point, she simply has a consular refusal to issue the visa based quite likely on whatever may have gone wrong at the interview. A waiver is not required at this point for refiling.

I don't think this information is right.

If a second petition is filed in less than 2 years of the previous approved petition, there must be a waiver letter for a limitation waiver. Otherwise there will be RFE. I have been in that situation. If you go through the instruction of the I-129f Section 2 specifically instructed to have a waiver letter.

Good luck

Edited September 4, 2011 by Love Eth

[Miss smarty pants 84]

I don't think this information is right.

If a second petition is filed in less than 2 years of the previous approved petition, there must be a waiver letter for a limitation waiver. Otherwise there will be RFE. I have been in that situation. If you go through the instruction of the I-129f Section 2 specifically instructed to have a waiver letter.

Good luck

Perhaps I have misunderstood this or been misinformed by my former overly expensive and underly helpful attorney. I will investigate this further to obtain a more clear and correct answer. I may need this myself if it is true.

[tany1157 161]

I don't think this information is right.

If a second petition is filed in less than 2 years of the previous approved petition, there must be a waiver letter for a limitation waiver. Otherwise there will be RFE. I have been in that situation. If you go through the instruction of the I-129f Section 2 specifically instructed to have a waiver letter.

Good luck

My K1 was denied in Casa in January, 2010. I got married in March 2010, and filed a CR1 in June of 2010. Never needed a waiver, and never got an RFE. Just my experience. I thought you needed a waiver if you were filing for a different person within 2 years.

[Love Eth 14]

My K1 was denied in Casa in January, 2010. I got married in March 2010, and filed a CR1 in June of 2010. Never needed a waiver, and never got an RFE. Just my experience. I thought you needed a waiver if you were filing for a different person within 2 years.

It doesn’t matter whether the second petition to be for the same person or different. If you are filing the second petition in less than two years from the approval of the previous or if it is more than two petitions in your life time, you have to have a waiver letter. This works for K-1 petition. The instruction read like this, you can find it on I-129f instruction section 2:

“If you have filed two or more K-1 visa petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to the filing of this petition, you MUST apply for a waiver. To request for a waiver you MUST submit a written request with this petition accompanied by documentation of your claim to the waiver”

I hope it is clear.

Good luck.

[Tahlisha 28]

It doesn’t matter whether the second petition to be for the same person or different. If you are filing the second petition in less than two years from the approval of the previous or if it is more than two petitions in your life time, you have to have a waiver letter. This works for K-1 petition. The instruction read like this, you can find it on I-129f instruction section 2:

“If you have filed two or more K-1 visa petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to the filing of this petition, you MUST apply for a waiver. To request for a waiver you MUST submit a written request with this petition accompanied by documentation of your claim to the waiver”

I hope it is clear.

Good luck.

So if you applied for a K-1 and it expired and you then apply for the CR-1 this does not apply... This is my understanding.... I know of some one with same situation as me... K-1 was sent back then it expired within months she went back and they married there she came back and filed the CR-1 and did not need a waiver....

[4ever mine 9]

Perhaps I have misunderstood this or been misinformed by my former overly expensive and underly helpful attorney. I will investigate this further to obtain a more clear and correct answer. I may need this myself if it is true.

A second waiver is not needed you need to be transparent about the first petition. The waiver is required if you are applying for a second K-1 petition for another person within two years of the intial filing of the last petition.

Edited September 5, 2011 by 4ever mine

[NigeriaorBust 4,087]

actually the law doesn't say it is only for a different beneficary. Logic says that is so but since when is immigration logical. When I did the second petition ( for my now husband ) there was a statement that was both a request for waiver and a statement as to why it shouldn't apply. This was from Marc Ellis. If he thinks it was needed I would cover my bottom and include it.